PRATEEK JALAN
Vipin – Appellant
Versus
University Of Delhi – Respondent
JUDGMENT
Prateek Jalan, J. -
The proceedings in the matter have been conducted through video conferencing.
1. The petitioner is pursuing an LL.M. course from University of Delhi [ the University ]. He has filed this writ petition seeking permission to appear in the Intellectual and Industrial Property Laws I (LM-1018) paper in December 2020.
2. At the outset, it is recorded that learned counsel for the parties have no objection to the petition being heard by this bench, although I was a member of the Division Bench which heard the petitioner s appeal against an interim order passed in this petition.
3. The petitioner enrolled for the LL.M. course in 2014. The duration of the course was three years (6 terms). Under the University s rules and regulations, all the papers for the LL.M. course had to be cleared within six years (known as the span period ). The petitioner was thus required to clear all the examinations by December, 2019.
4. The petitioner has passed all the examinations within the said period, except for one paper from the first term, viz. Intellectual and Industrial Property Laws I (LM-1018). He was unable to appear in this paper in the regular examination of December, 2014
The court found it unreasonable to deny the candidate the opportunity to complete the degree based solely on the span period rule and did not consider it appropriate to put the onus entirely upon the....
A university must provide personal communication regarding changes in examination schedules to avoid unfairly denying students their opportunity to complete their course.
University may grant one-time exam permission beyond regulations on merits.
University may sympathetically allow one-time extension for course completion beyond regulations on merits.
The court determined that the university's denial of examination permission based on attendance was arbitrary, emphasizing the need for adherence to judicial directives and consideration of individua....
The judgment established the principle that students have a limited number of attempts within a specified span period to clear their LL.B courses, and they are not entitled to special examinations af....
University may permit LL.B. redo candidates to write exams under exceptional N+2+1 extension upon document submission.
The main legal point established in the judgment is that the number of opportunities for completing the LL.B. degree course cannot exceed the permissible opportunities as per the applicable rules and....
A writ petition seeking permission to appear for an examination becomes infructuous if filed after the examination has commenced.
A student who exceeds the maximum permissible time limit, including extended years for clearing backlogs as per UGC guidelines and university resolutions, ceases to be a student and cannot be granted....
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